The Kerala High Court has held that the media’s freedom of speech cannot override a citizen’s right to dignity, reputation, and privacy, especially when reporting on an ongoing criminal case. The court said that only an adjudicatory authority can pronounce the guilt or innocence of an accused, LiveLaw reported.
The ruling by a five-judge bench said that the media cannot assume the role of investigating agencies, prosecutors, and adjudicators and pronounce a judgement even before the investigation is completed.
In the 69-page order addressing pleas seeking restrictions on media coverage of pending cases, a bench comprising Justices AK Jayasankaran Nambiar, Kauser Edappagath, Mohammed Nias CP, CS Sudha, and Syam Kumar VM unanimously ruled that “media freedom does not grant a license to interfere with the justice delivery system.”
The court held that the regulation of media should be considered on a case-to-case basis. It said, “Restrictions on media reporting during criminal trials are permissible to protect the integrity of the judicial process and the rights of the accused.”
It said that while the media’s right to speech and expression is integral to fundamental rights, any expression by the media on the guilt or innocence of an accused in an ongoing criminal case would not be protected under the right to speech and expression guaranteed under Article 19(1)(a) of the constitution.
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